# LCMS Commission on Constitutional Matters Minutes_St. Louis Missouri_November 6 7 1987_S5
# Machine transcription, uncorrected — CHI Digital Archive (demonstration)

The Commission has read with interest and great care the arguments and logic which have been
provided for the views held by Alfred Balmer and respectfully disagrees with the basic premise
which has been provided. The Bylaws are a valid extension of the Articles of Incorporation and
do nothing more than flesh out the basic principles as set forth in the articles of the Constitution.
This is in keeping with "doing all things decently and in order."
The Synod is only advisory in matters of congregational government. Congregations may call
anyone whom they wish to serve them. The Synod, however, need not accept everyone who seeks
to join its membership. Those who seek membership and are granted such membership have
agreed to walk together under the Constitution and Bylaws by which the Synod is governed. The
Commission on Constitutional Matters is convinced that the bylaws in question were properly
enacted and are not in conflict with the Constitution. The Commission does specifically note that
it has no authority in theological matters and makes no comment thereto.
79. Voting Privileges - Retired Pastors : At the request of District President John Heins, Commission
member Schlecht asked for the views of the Commission regarding the eligibility for retired pastors
serving congregations on a full-time basis to vote at district conventions. Walter Rosin, who serves as an
advisory member of the Commission on Structure, reported that group has this matter under advisement.
Dr. Schlecht was asked to provide this report to the Michigan District President.
80. District Commission on Adjudication - Scope of Authority (Ag. 1822) : Several members of a
congregation in the Northwest District had been excommunicated on the basis of the fact that they had
filed a lawsuit charging the congregation with failure to follow the stipulations of its constitution and
bylaws with regard to several matters, including the calling of a pastor. The matter of excommunication
had been presented to the District Commission on Adjudication for review. Those who had been
excommunicated requested the Commission on Adjudication to include in its consideration the question
of whether or not the congregation had acted properly, not only in the matter of excommunication, but
also in the matter which had been placed before the secular court. The Commission on Adjudication was
unclear as to whether or not it was to deal only with the matter of excommunication or whether it was also
to deal with the underlying cause which resulted in the filing of the lawsuit. The Commission decided to
respond as follows:
The Commission on Constitutional Matters has been requested by the chairman of the Northwest
District Commission on Adjudication for an advisory opinion as to the extent of its jurisdiction in
the matter arising out of the Zion, Auburn, Washington, congregation.
As we understand the facts, three members of Zion were excommunicated after initiating a civil
action against the congregation alleging violations of the congregational constitution. Those
excommunicated have asked the Commission on Adjudication to review the excommunication. It
is not disputed that the Commission on Adjudication has that authority under Bylaws 8.09 and
8.31.
It appears, and we shall assume for the purposes of this opinion, that the sole ground for the
excommunication was the filing of the civil lawsuit. The question which has been presented is:
May the Commission on Adjudication consider the merits of the excommunicants' claims
asserted in their underlying lawsuit against the congregation?
Jurisdiction of the Commission on Adjudication is clearly spelled out in 8.31 a of the 1986
Handbook. The District Commission on Adjudication shall have jurisdiction over the procedural
questions involved in excommunication cases. It is the opinion of the Commission on
Constitutional Matters that the Commission of Adjudication is limited solely to the question of